Shepard v. Zoning Board of Appeals

OPINION OF THE COURT

William L. Ford, J.

This a proceeding pursuant to CPLR article 78 brought to review and annul a determination of the respondent rendered on or about December 30, 1981 which denied the application of petitioner for the issuance of a special permit to erect garden type apartment residences.

The premises for which the special permit is sought are located in a “B” residence zone in the City of Johnstown. The City of Johnstown Planning Board recommended to the respondent that the special permit be granted on July 23, 1981. On July 24, 1981 the petitioner by a letter applied to…